N.Y. Comp. Codes R. & Regs. tit. 19, § 900-2.15
(f) If the applicant cannot avoid impacts to all wetlands and adjacent areas, an explanation of all efforts the applicant made to minimize the impacts to wetlands and adjacent areas identified during wetland surveys. The impact minimization summary shall address the following criteria for each proposed impact area:
(g) For facilities for which compensatory mitigation is required in Table 1, unless determined otherwise by the office in consultation with the NYSDEC, the applicant shall submit a Wetland Restoration and Mitigation Plan pursuant to section 900-10.2(f)(2) of this Part, in accordance with the following:
(2) implement applicant-responsible wetland and/or adjacent area mitigation at the ratios as set forth in Table 1 below as follows, unless determined otherwise by the office in consultation with the NYSDEC:
(i) category: Prescribed mitigation ratio and type:
(iii) within a location that is subject to NYSDEC jurisdiction under ECL article 24, which includes the following:
(iv) where creation, enhancement, and restoration mean the following:
(3) implement a combination of the mitigation required pursuant to paragraphs (1) and (2) of this subdivision to meet the mitigation requirement.
Table 1: Wetland mitigation requirements:
| Class Ia | Class IIa | Class III & IVa Unmapped >12.4 acres | ||||
|---|---|---|---|---|---|---|
| Feature/Activity | FWW | AA | FWW | AA | FWW | AA |
| Major Activities | ||||||
| Wind Turbines | X | A(M3)** | X | A(E)* | A(M3) | A |
| Solar Panels | X | A(E)** | A(M2) | A(E)* | A(M3) | A |
| Energy Storage | X | A(M3)** | X | A(E)* | A(M3) | A |
| Access Roads | A(M1) | A(E)* | A(M2) | A(E)* | A(M3) | A |
| Power interconnections (including clearing for interconnections) | A(M1) | A(E)* | A(M2) | A(E)* | A(M3) | A |
| Clearing of forest | X | A(M3)** | A(M2) | A(E)* | A(M3) | A |
| Other activities and structures integral to the project involving placement of fill | X | A(M3)** | A(M2) | A(E)* | A(M3) | A |
| Intermediate Activities | ||||||
| Security fence | X | A(E)* | A(M3) | A | A | A |
| Clearing and manipulation of undisturbed herbaceous vegetation | X | A(E)* | A(M3) | A | A(M3) | A |
| Other activities integral to the project involving grading | X | A(E)* | A(M3) | A | A(M3) | A |
| Minor Activities | ||||||
| Grading and manipulation of disturbed areas (active hay/row crops, existing commercial/industrial development) | X | A(E)* | A(M3) | A | A(E) | A |
| Selective cutting of trees and shrubs | A | A | A | A | A | A |
| *No enhancements or mitigation required with 75 foot or more setback ** 75-foot setback from wetland boundary required in undisturbed adjacent area aECL article 24 classification as determined under 6 NYCRR Part 664. |
Exhibit 14 shall contain: